Legal Question in Family Law in Texas
Can retirement accounts such as traditional IRAs be tapped for child support? My ex-wife received a large settlement in the divorce and the money was transferred from my 401K to her traditional IRA. If she makes very little in income from a job, can she be required to use money from her traditional IRA to pay child support?
Asked on 9/16/09, 9:48 pm
1 Answer from Attorneys
Mark Dunn
Mark D. Dunn
Who was ordered to pay child support? You or your wife?
She can't be required to pay YOUR child support.
An IRA is not exempt from garnishment if there is a child support arrearage. In other words, the obligee (payee) can go after it, as if it were a simple savings account.
But an IRA isn't a factor in the payment of ONGOING child support.
Answered on 9/22/09, 11:27 am
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